Anaya Nolan
Condo association directors are entitled to notice of board meetings and, according to Florida law, can participate and cast their votes via phone or virtual platforms, such as videoconferencing or other electronic means. However, it is important to note that directors are prohibited from voting through a proxy or via email. Some condo associations have adopted mobile applications for e-voting, while others maintain traditional in-person voting methods.
| Characteristics | Values |
|---|---|
| Can board members vote via phone | Yes |
| Can board members vote via email | No |
| Can board members vote via proxy | No |
| Can board members vote via a mobile application | Yes |
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What You'll Learn
Directors can participate in board meetings via phone or virtual platforms
Once confirmed, clear instructions on how to access the meeting should be provided to all directors in advance. This includes any necessary passwords or links, as well as any requirements for software or apps that need to be downloaded ahead of time. It is also helpful to set out 'ground rules' for the meeting, such as how to get the chairperson's attention if a director wants to speak. The use of online tools such as Zoom or Microsoft Teams can be useful for managing this, with features such as mute and unmute functions and screen sharing.
To ensure that the meeting is productive, it is important that all directors can hear and communicate with each other effectively throughout the meeting. This may involve the use of conference telephones, electronic video screens, or other electronic transmissions. It is also important to confirm that the meeting has met the requirements for a quorum, and that the meeting has been minuted and signed by the chairperson, confirming that it took place electronically.
While directors can participate remotely, it is important to note that there are laws that prohibit certain types of remote voting, such as via email. Dedicated online voting platforms can provide a convenient and secure alternative, ensuring compliance with legal requirements.
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Directors cannot vote via proxy
In the context of condominium associations, directors are prohibited from voting at board meetings through a proxy. This means that a board member cannot assign their voting rights to another person if they are unable to attend a meeting. This prohibition exists under Florida Statutes and California law.
Florida Statutes, under Section 718.111(1)(b), state that directors may not vote by proxy or secret ballot at board meetings. However, secret ballots are allowed for the specific purpose of electing the association's officers. On the other hand, Section 718.112(2)(b)5. of the Florida Statutes enables board members to participate in meetings remotely through the use of telephone or video conferencing. For this to occur, the association must set up a speaker at the physical location of the meeting so that all physically present individuals can hear the director. Any director attending under these conditions is considered physically present for the purposes of establishing a quorum and voting.
California law, including caselaw and general corporation law, also prohibits directors from voting by proxy. This is because directors have a fiduciary duty to the corporation's shareholders, which includes the responsibility to be physically present at board meetings, evaluate the information provided, and make decisions using their independent judgment. Allowing another person to vote via proxy is seen as a failure to exercise one's business judgment and can subject the director to potential liability for a breach of fiduciary duty.
While directors cannot vote via proxy, they may be able to participate in board meetings and vote remotely through the use of telephone or video conferencing, depending on the specific laws and guidelines of their jurisdiction.
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Directors can vote via phone at the time of the meeting
Condominium association directors are prohibited from voting at board meetings through a proxy. However, they may be able to participate in the meeting via phone or virtual platform. This means that directors can vote via phone at the time of the meeting.
Florida Statutes, Section 718.112(2)(b)5., states that board or committee members may participate in meetings through the use of telephone, real-time videoconferencing, or other electronic or video communications. To enable this, the association must set up a speaker at the physical location of the meeting so that all those in physical attendance can hear the director who is attending remotely. Any director or committee member attending a meeting under these conditions is counted as being physically present at the meeting for the purposes of establishing a quorum and voting.
It is important to note that the organisational bylaws may need to allow for remote voting for this to be an option. In addition, the board chair must handle all motions, which must be discussed before voting. If a motion is not supported, it will not be discussed.
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Email voting by directors is not permitted
While email voting is simple and fast, it is not permitted for board members to vote via email as it fails to comply with statutory and common law requirements for a valid meeting in many jurisdictions. In the United States, for instance, the directors of a nonprofit organization may not vote by email or by proxy in most states, including Florida. This is because an email vote is essentially a proxy vote delivered electronically.
In Florida, the statutes provide that board action may be taken either at a meeting (including a meeting by electronic communication) or by unanimous written consent. While unanimous written consent can be adapted to email, it is not legally binding if prohibited by the organization's bylaws. Additionally, there are challenges associated with written consent via email, such as the time required to gather consent from all directors and the potential for ambiguity or confusion due to the informal nature of email communication.
To ensure compliance with legal requirements, board members can utilize alternative methods of electronic communication, such as teleconferences or web-based conferencing that combines voice and video. These methods allow directors to participate remotely while still meeting the requirements for a valid meeting.
Furthermore, it is important to note that condominium association directors in Florida are specifically prohibited from voting at board meetings through a proxy. However, they may participate in meetings via telephone, real-time videoconferencing, or other electronic means, as long as their participation is set up in a way that allows all physically present attendees to hear them.
To summarize, while email voting may seem convenient, it is not permitted for board members due to legal requirements and the potential for issues such as missed submissions and security risks. Instead, directors should utilize alternative electronic communication methods or participate remotely through approved means to ensure their votes are valid and compliant.
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Hybrid voting combines in-person and online voting
Hybrid voting is a blend of multiple voting methods, including in-person, mail-in, and digital voting. This system allows voters to choose their preferred voting option, providing flexibility and accommodating different preferences and situations. For example, some voters may prefer the traditional in-person voting experience, while others may find it more convenient to vote electronically.
In the context of condominium board elections, hybrid voting can be advantageous. Condo communities are typically large property complexes with multiple individual units, and elections must be executed carefully to comply with local laws and association guidelines. Hybrid voting can make the voting process more accessible and inclusive for condo owners, especially those who may have difficulties attending in-person voting sites or returning mail-in ballots.
However, it is important to note that some condo associations may have specific rules or bylaws regarding voting methods. While hybrid voting can provide flexibility, it is essential to ensure that any electronic voting options comply with legal requirements and maintain the integrity of the election process.
To implement hybrid voting effectively, a robust online voting platform is necessary. This may involve additional costs and logistical considerations, such as choosing a reputable vendor and managing the platform. Additionally, it is crucial to communicate clearly with voters about the available voting options and provide reassurance that traditional voting methods are still available if preferred.
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Frequently asked questions
Yes, board members can vote via phone or virtual platforms such as Zoom, Skype, etc. However, this may vary depending on the local laws and association guidelines.
No, since July 1, 2018, email voting has been prohibited. However, there are dedicated online voting platforms that can be used instead.
No, a board member cannot vote via a proxy. However, they are entitled to notice of the board meetings and can participate by telephone.
Yes, some condo associations exclusively use mobile applications for e-voting. These apps are usually provided by online voting platforms and can be installed on smartphones or tablets.
